LiveScan

Legal

Terms of service

These terms are the agreement between TenScan LLC ("we", "us") and the business that opens a 10Scan LiveScan account ("you", the "customer"). Opening an account accepts them. The person who opens the account confirms they are allowed to bind the business.

1. The service

10Scan LiveScan is software: a web application, a Windows desktop application and the servers behind them, used to capture civil applicant fingerprints on a supported scanner, produce FD-258 cards and NIST/EBTS (EFT) files, and, where a state agency has approved us, submit records to that agency electronically. We are a software vendor. We are not the agency, we do not decide any application, and we do not guarantee that an agency will accept a record. We claim approval only where it is true and name the program when we do; the states page is the current list.

2. Accounts, operators and stations

The account owner creates locations, pairs stations and invites operators. Every login is personal: an operator does not share a username, and the account is responsible for everything done under its logins. Tell us at once if a login may be compromised. A station is one Windows PC running the desktop app, paired to one location; you may move a station between locations or unpair it at any time.

3. Your responsibilities

  • Hold whatever agreement, authorisation or registration the agency you submit to requires of you (for example, in Arkansas, the harvester customer form and memorandum of understanding with the Arkansas State Police), and keep it current.
  • Give applicants the notice and obtain the consent your state requires before capturing biometric data, and use the records only for the purpose the applicant was told.
  • Enter applicant information accurately and only submit records you are authorised to submit.
  • Ensure every operator has been trained to take fingerprints correctly, and complete the training attestation in the app where an agency requires it.
  • Keep your station PCs updated and physically secure, and keep operator logins personal.

4. Fees, trial and billing

The fee is a flat amount per station per month, shown on the pricing page at the time you sign up and in your account afterwards. Operators, locations and applicants are not charged. Billing is monthly, or annual at the discounted rate shown on the pricing page, to the card on file through our payment processor; card details never reach our servers.

New accounts start with a free trial of the length shown on the pricing page, with no card required and nothing charged. When the trial ends, an account with a card on file is charged for the stations paired at that time and the subscription begins; an account without a card pauses automatically. A paused account keeps its data and its logins; operators can sign in and view records but cannot capture new applicants. Adding a card resumes the account automatically.

If a charge fails we retry it automatically over the following days. If the retries fail the account pauses in the same way, and it resumes automatically the moment a charge succeeds. Pause and resume are automatic on both sides; there is no manual step and no reinstatement fee.

We may change the per-station price with at least 30 days' notice by email to the account owner; a change applies from your next billing period after the notice. Fees exclude sales tax where it applies. Agency and FBI fees are set by and paid to the agency and are not part of our fee.

5. Cancellation and closure

You may cancel at any time from the account admin, with no notice period. Stations on monthly billing keep working to the end of the month already paid for and are not charged again. Stations on annual billing keep working to the end of the prepaid year; the remaining months are not refunded. We may suspend or close an account that breaks these terms, is used unlawfully, or stays paused for more than 90 days, after emailing the account owner. On closure, applicant records are deleted on the schedule in the privacy policy, so download the cards and files you need first.

6. Your data and applicant data

You own the applicant records, cards and files your account creates. We process them only to provide the service, as described in our privacy policy, which is part of these terms. We do not sell, share or use applicant data for any other purpose, and we delete it on the retention schedule: images and files 30 days after the agency acknowledges a submission, 90 days after capture if a record is never submitted, card PDFs after 90 days. Each account's data is isolated from every other account.

7. Acceptable use

You agree not to:

  • use the service for anything other than lawful applicant fingerprinting for purposes the receiving agency accepts;
  • submit a record for an applicant who is not present, or under another operator's login;
  • resell, sublicense or share the service outside your business;
  • reverse engineer the desktop app, probe or interfere with the service, or try to reach another account's data;
  • misrepresent your relationship with an agency or with us, including any claim that you or we are approved where we are not.

8. The desktop app and your hardware

We license you to install the 10Scan LiveScan desktop app on the station PCs of your account for as long as the account is active. The app updates itself from our servers. You provide the PC, the scanner and the internet connection; scanner hardware and its warranty come from the scanner's maker or the store you bought it from, not from us, even when we point you to a store.

9. Availability and support

We run the service to be available around the clock and tell account owners in advance about planned maintenance, but we do not guarantee uninterrupted availability. Support is by phone and email during the hours on the contact page, in English, for the account owner and its operators. Agency systems have their own availability, which we do not control.

10. Warranties and disclaimers

The service is provided as is and as available. We make no warranty that any agency will accept a record, that a print of a given quality will be accepted, or that the service meets a particular regulation in your state beyond what we state on this site. To the fullest extent the law allows, we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement.

11. Limitation of liability

To the fullest extent the law allows, we are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost business or the cost of a delayed or rejected application, even if we were told they were possible. Our total liability for any claim arising from the service is limited to the fees you paid us in the 12 months before the event that gave rise to the claim. Nothing in these terms limits liability that cannot be limited by law.

12. Indemnity

You will defend and indemnify us against claims, losses and costs that arise from your breach of these terms, your failure to give an applicant the notice or obtain the consent your state requires, inaccurate information you submit, or your use of the service in violation of law or of an agency's rules.

13. Governing law and disputes

These terms are governed by the laws of the State of Michigan and applicable United States federal law, without regard to conflict-of-law rules. Any dispute is brought in the state or federal courts located in Michigan, and both of us consent to their jurisdiction. Before filing, each of us agrees to try to resolve the dispute by talking to the other for 30 days.

14. Changes to these terms

We may update these terms. For a material change we email account owners at least 30 days before it takes effect; continuing to use the service after that date accepts the change. The current version is always at this address with its effective date.

15. Contact

TenScan LLC, PO Box 40, Hale, MI 48739. support@10scan.com, (989) 312-3369.